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1997 Supreme(Mad) 703

S.S.SUBRAMANI
Ruckmangathan – Appellant
Versus
Ramalingam – Respondent


M/s.V. Raghavachari, V. Lakshmi Narayanan Advocates for Petitioner. Mr.P. Venkatachalapathy, Advocate for Respondent.

Judgment :

.1. This revision is filed under Art.227 of the Constitution of India, by the plaintiff in O.S.826 of 1985, on the file of District Munsif’ s Court, Poonamallee. Petitioner herein filed the suit to direct the respondent to deliver possession of the suit property and for consequential reliefs. In the plaint, it is alleged that the plaint schedule property is the ancestral property of Dharmalinga Naicker and his sons and they were residing in that property. For the purpose of meeting the marriage expenses of his daughter, Dharmalinga Naicker wantedto raise loan, and for the said purpose, he approached the defendant, who is a money lender. He wanted a sum of Rs.3,250. Since the defendant insisted on security and also wanted to enjoy the property in lieu of interest, possession was handed over to him. It is said that possession of the defendant is only as a charge-holder, and he was the mortgagee for all purposes. Since the defendant was having possession and was enjoying the property for the past more than eight years, if the amount is calculated as per Tamil Nadu Debt Relief Act, only a sum of Rs.650 is payable and the balance must be treated to have been discharged in vie

























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